Litigation Lawyers in Lewiston

"Civil procedure" refers to the wide variety of rules that regulate the process of civil litigation in Lewiston, Maine. It does not deal with the substantive rights that the litigation system is meant to safeguard, just the process by which it protects them.

Like all laws, the rules of civil procedure in Lewiston, Maine reflect particular values that society, through its elected representatives, wants to encourage. So, the rules of civil procedure have the stated goal of ensuring that the justice system is fair, cost effective, efficient, and accessible to everyone who has a legitimate legal grievance.

Civil litigation in Lewiston, Maine is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.

Major Lewiston, Maine Civil Procedure Issues

Complaint: Perhaps the most significant part of filing a lawsuit in Lewiston, Maine is the complaint. The complaint is a document filed with a Lewiston, Maine court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.

Answer: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For instance, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.

Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Lewiston, Maine is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.

Trial: It is really quite rare for civil lawsuits in Lewiston, Maine to go to trial, since the rules of civil procedure in Lewiston highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.

How Can a Lewiston, Maine Lawyer Help?

If you're facing a lawsuit in Lewiston, Maine whether as the plaintiff or defendant, you will have to interact with your jurisdiction's civil procedure rules.

Because the rules of civil procedure in Lewiston, Maine are complicated, it's smart to have the counsel of an accomplished attorney through every step of the process.